Opinion
No. 10-06-00212-CV.
Order issued and filed January 24, 2007.
Appeal from the County Court, Hill County, Texas, Trial Court No. 1412.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ABATEMENT ORDER
M.W. appeals from an order modifying his juvenile probation and committing him to the Texas Youth Commission. The Court has recently learned that M.W.'s appointed counsel has forfeited his law license and is no longer eligible to practice law in the State of Texas. Therefore, we abate this appeal to the trial court for the appointment of new counsel.
A juvenile has a statutory right to counsel on appeal. TEX. FAM. CODE ANN. § 56.01(d)(2) (Vernon 2002); see also In re D.A.S., 973 S.W.2d 296, 298 (Tex. 1998) (orig. proceeding). If the juvenile and his parents or guardians are indigent, the juvenile is entitled to court-appointed counsel on appeal. See TEX. FAM. CODE ANN. § 56.01(d)(3), (m) (Vernon 2002); In re K.C.A., 36 S.W.3d 501, 502-03 (Tex. 2000) (per curiam).
Because the trial court has already determined that M.W. and his parents are indigent, M.W. is entitled to court-appointed counsel. The trial court's order appointing new appellate counsel must be filed with the Clerk of this Court in a supplemental clerk's record within twenty-one (21) days after the date of this Order.
M.W.'s former counsel has already filed an appellant's brief. Therefore, whomever the trial court appoints should review the record and the appellant's brief within 14 days after appointment to determine whether additional briefing should be done on M.W.'s behalf.
Appeal abated